Periodical Summaries - 2003
Marc B. Kaplin and Kevan F. Hirsch, 'Reverse Spot Zoning' to Permit Development of Open Space, 5/19/2004 Legal Intelligencer S3: discusses implications of In re: Realen Valley Forge Greene Assoc. (Pa. 2003).
Howard J. Bashman, Unpublished Opinions should be Allowed to be Cited, 5/10/2004 Legal Intelligencer 5: critically evaluates rule prohibiting citation of unpublished opinions recently reaffirmed by Superior Court in Schaaf v. Kaufmann.
Russell Gerney, Equal Protection Under the Pennsylvania Constitution, 42 Duq. L. Rev. 455 (2004): A full account of equality issues under the Pennsylvania Constitution.
Ken Gormley, Exploring a European Union Constitution: Unexpected Lessons from the American Experience, 36 Rutgers L.J. 69 (2003): An expanded version of a paper by Professor Ken Gormley of Duquesne Law School, given at a conference in Germany on the Draft Treaty establishing a Constitution for Europe. Professor Gormley suggests that the European constitutional experience would benefit from attention to the American tradition of quasi-autonomous State Constitutions.
Madame Justice Sandra Schultz Newman and Daniel Mark Isaacs, Historical Overview of the Judicial Selection Process in the United States: Is the Electoral System in Pennsylvania Unjustified?, 49 Vill. L. Rev. 1 (2004): This article discusses the history of the judicial system in Pennsylvania.
Brent E. Troyan, The Silent Treatment: Perpetual In-School Suspension and the Education Rights of Students, 81 Tex. L. Rev. 1637 (2003): The article cites School District of Wilkinsburg v. Wilkinsburg Education Association, 667 A.2d 5 (Pa. 1995) for the proposition that the Pennsylvania Supreme Court recognizes public education to be a fundamental right under Article III, section 14, of the Pennsylvania Constitution.
Samantha A. Wilcox, Comment -- Presumed Consent Organ Donation in Pennsylvania: One Small Step for Pennsylvania, One Giant Leap for Organ Donation, 107 Dick. L. Rev. 935 (Spring, 2003): Argues, in part, that a presumed consent law would be constitutional under Pennsylvania and Federal constitutions.
Honorable Thomas G. Saylor, Prophylaxis in Modern State Constitutionalism: New Judicial Federalism and The Acknowledged, Prophylactic Rule, 59 NYU Annual Survey of American Law 283 (2003): The article by Justice Saylor discusses the constitutional status of prophylactic rules in state courts. The article goes beyond immediate applications and attempts to connect state and federal constitutional theory.
Christopher Lilienthal, Interpreting the Charter School Law Legal Challenges Fail to Weaken a Controversial Movement in Education, 26 PLW 315 (March 24, 2003): Raises questions about the current law concerning charter schools in Pennsylvania, including whether charter schools violate Article III, section 31 of the Pennsylvania Constitution, which prohibits the delegation "to any special commission, private corporation or association, any power to make, supervise or interfere with any municipal [functions]."